Horses From Australia and New Zealand; Quarantine Requirements

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. 98-069-2]

Horses From Australia and New Zealand; Quarantine Requirements

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are amending the regulations regarding the importation of

horses to exempt horses imported from Australia and New Zealand from

testing for dourine and glanders during the quarantine period. This

action is warranted because neither country has ever had a reported

case of dourine, New Zealand has never had a reported case of glanders,

and Australia has not had a reported case of glanders since 1891. It

appears that horses imported from Australia and New Zealand will pose a

negligible risk of introducing dourine and glanders into the United

States.

EFFECTIVE DATE: June 30, 1999.

FOR FURTHER INFORMATION CONTACT: Dr. Glen I. Garris, Supervisory Staff

Officer, Regionalization Evaluation Services Staff, National Center for

Import and Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD,

20737-1231; (301)734-8364.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 93 (referred to below as the

regulations) govern the importation into the United States of specified

animals and animal products to prevent the introduction into the United

States of various animal diseases, including dourine and glanders.

Dourine and glanders are potentially fatal equine diseases that are not

known to exist in the United States.

Under Sec. 93.308(a)(3) of the regulations, horses imported from

any part of the world must, in order to qualify for release from

quarantine, test negative to official tests for dourine, glanders,

equine piroplasmosis, equine infectious anemia, and any other tests and

procedures that may be required by the Administrator of the Animal and

Plant Health Inspection Service (APHIS) to determine their freedom from

communicable diseases.

On November 30, 1998, we published in the Federal Register (63 FR

65712-65714, Docket No. 98-069-1) a proposal to amend the regulations

to exempt horses imported from Australia and New Zealand from testing

for dourine and glanders during the quarantine period. This proposed

action was based on information received from the Governments of

Australia and New Zealand.

We solicited comments concerning our proposal for 60 days ending

January 29, 1999. We did not receive any comments. Therefore, for the

reasons given in the proposed rule, we are adopting the proposed rule

as a final rule without change.

Effective Date

This is a substantive rule that relieves restrictions and, pursuant

to the provisions of 5 U.S.C. 553, may be made effective less than 30

days after publication in the Federal Register. This rule relieves

restrictions that require the testing of horses imported from Australia

and New Zealand for dourine and glanders. Therefore, the Administrator

of the Animal and Plant Health Inspection Service has determined that

this rule should be effective 15 days after the date of publication in

the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

This rule has been reviewed under Executive Order 12866. The rule

has been determined to be not significant for the purposes of Executive

Order 12866 and, therefore, has not been reviewed by the Office of

Management and Budget.

This final rule will exempt horses imported into the United States

from Australia and New Zealand from the requirement for testing for

dourine and glanders during the quarantine period. We believe that

there is a negligible risk of horses imported from Australia and New

Zealand introducing dourine and glanders into the United States.

U.S. importers of horses from Australia and New Zealand will be

affected by this rule. These importers will no longer be required to

have horses that are imported from Australia and New Zealand tested for

dourine and glanders during the quarantine period. As a consequence,

U.S. importers will save $18 for the cost of both tests. However,

horses imported from Australia and New Zealand will still have to be

tested for equine piroplasmosis, equine infectious anemia, and undergo

any other tests and procedures that may be required by APHIS to

determine their freedom from communicable diseases.

According to the 1992 Census of Agriculture, the United States had

a total population of at least 2,049,522 horses. The United States is a

net exporter of horses. In 1997, the United States exported 56,953

horses valued at $271 million, and imported 23,794 horses valued at

$134 million. However, only 45 of the horses were imported from

Australia, and 130 of the horses were imported from New Zealand. The

total number of horses imported into the United States from Australia

and New Zealand is small due to the distances the horses must travel

and the high transportation costs, which are reflected in the prices of

the horses. For example, horses imported from Canada have an average

price of $1,490, while horses imported from Australia and New Zealand

have an average price of $20,682, and $13,781, respectively. Given

these relatively high prices and the rather small expected savings of

$18 per horse imported, we do not expect this action will result in an

increase in the number of horses imported into the United States from

Australia and New Zealand, nor do we expect this action will have a

significant economic impact on U.S. importers of horses from Australia

and New Zealand, regardless of their size.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action will

not have a significant economic impact on a substantial number of small

entities.

Executive Order 12988

This rule has been reviewed under Executive Order 12988, Civil

Justice Reform. This rule: (1) Preempts all State and local laws and

regulations that are inconsistent with this rule; (2) has no

retroactive effect; and (3) does not require administrative proceedings

before parties may file suit in court challenging this rule.

Paperwork Reduction Act

This rule contains no information collection or recordkeeping

requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Part 93

Animal diseases, Imports, Livestock, Poultry and poultry products,

[[Page 31967]]

Quarantine, Reporting and recordkeeping requirements.

Accordingly, we are amending 9 CFR part 93 as follows:

PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND

CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS

OF CONVEYANCE AND SHIPPING CONTAINERS

1. The authority citation for part 93 continues to read as follows:

Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105,

111, 114a, 134a, 134b, 134c, 134d, 134f, 136, and 136a; 31 U.S.C.

9701; 7 CFR 2.22, 2.80, and 371.2(d).

2. In Sec. 93.308, paragraph (a)(3) is revised to read as follows:

Sec. 93.308 Quarantine requirements.

(a) * * *

(3) To qualify for release from quarantine, all horses must test

negative to official tests for dourine, glanders, equine piroplasmosis,

and equine infectious anemia.\14\ However, horses imported from

Australia and New Zealand are exempt from testing for dourine and

glanders. In addition, all horses must undergo any other tests,

inspections, disinfections, and precautionary treatments that may be

required by the Administrator to determine their freedom from

communicable diseases.

---------------------------------------------------------------------------

\14\ Because the official tests for dourine and glanders are

performed only at the National Veterinary Services Laboratories in

Ames, IA, the protocols for those tests have not been published and

are, therefore, not available; however, copies of ``Protocol for the

Complement-Fixation Test for Equine Piroplasmosis'' and ``Protocol

for the Immuno-Diffusion (Coggins) Test for Equine Infectious

Anemia'' may be obtained from the Animal and Plant Health Inspection

Service, Veterinary Services, National Center for Import and Export,

4700 River Road Unit 38, Riverdale, MD 20737-1231.

---------------------------------------------------------------------------

* * * * *

Done in Washington, DC, this 8th day of June 1999.

Joan M. Arnoldi,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 99-15107 Filed 6-14-99; 8:45 am]

BILLING CODE 3410-34-P